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TMI Blog2022 (2) TMI 1409X X X X Extracts X X X X X X X X Extracts X X X X ..... process of law has come up before the Supreme Court as well as High Courts. The Courts have, over the centuries, frowned upon litigants, who, with intent to deceive and mislead the courts, initiated proceedings without full disclosure of facts. In ARUNIMA BARUAH VERSUS UNION OF INDIA ORS [ 2007 (4) TMI 695 - SUPREME COURT ], Supreme Court held that it is trite law that to enable the Court to refuse to exercise its discretionary jurisdiction suppression must of material fact. Material fact would mean material for the purpose of determination of the lis. It was further held that a person invoking the discretionary jurisdiction of the court cannot be allowed to approach it with a pair of dirty hands. The applicant has misused the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rned counsel for the opposite party No. 2 by pointing out that the applicant has not approached this Court with clean hand and has filed successive applications by concealing the material facts and documents. In short compass, the facts giving rise to the present application are that a first information report was lodged by opposite party No. 2, Deepak Kumar at case crime No. 117 of 2020, under Sections 498-A, 304-B and of Dowry Prohibition Act, police station Salempur, district Bulandshahr arraigning therein as many as four accused namely Jitendra (husband), Pawan (Jeth) Smt. Ramendri (mother-in-law) and Satpal (father-in-law) of the deceased Anjali inter alia with the allegations that marriage of his sister-Anjali was solemnized with ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n No. 5675 of 2020. When, the case was taken up on 15.2.2022, learned counsel for the applicant sought adjournment on the ground that he could not inform the opposite party No. 2. During the pendency of this application, the applicant also challenged the order of this Court dated 3.12.2020 passed in Criminal Misc. Application No. 5675 of 2020, before the Supreme Court by filing Special Leave to Appeal (Crl.) No. 5203 of 2021 on 28.6.2021, which was registered in diary at serial No. 14233 of 2021. The said appeal was dismissed by the Supreme Court vide order dated 29.7.2021 directing the appellant/applicant to surrender within two days before the trial court in compliance of the order of the High Court dated 03.12.2020. Thereafter, the regul ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd filed this application suppressing the material facts in sheer disobedience of the orders of Supreme Court as well as this Court. Therefore, she does not deserve any indulgence by this Court. The courts of law are meant for imparting justice between the parties. One, who comes to the court, must come with clean hands and no material facts should be concealed. I am constrained to hold that more often the process of the court is being abused by unscrupulous litigants to achieve their nefarious design. I have no hesitation in saying that a person, whose case is based on falsehood, has no right to approach the court. He/she can be summarily thrown out at any stage of the litigation. The judicial process cannot become an instrument of oppr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... process of Court by deceiving it. The very basis of the writ jurisdiction rests in disclosure of true, complete and correct facts. If the material facts are not candidly stated or are suppressed or are distorted, the very functioning of the writ courts would become impossible. In Udyami Evan Khadi Gramodyog Welfare Sanstha and another Vs. State of U.P. and others, (2008)1 SCC 560, the appellant-Sanstha applied for loan for establishment of an industry, which was sanctioned. The appellant-Sanstha allegedly defaulted in making payment. The recovery proceedings were initiated against it, writ petitions were filed questioning the legality thereof. Public Interest Litigation was also filed. However, fresh recovery proceedings were initiat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ing the process of the court. Supreme Court in Dalip Singh Vs. State of Uttar Pradesh and others, (2010)2 SCC 114 came down heavily on unscrupulous litigants by holding that it is now well established that a litigant who attempts to pollute the stream of justice or who touches the pure fountain of justice with tainted hands, is not entitled to any relief, interim or final. Having considered the factual aspect of the case and the dictum of the Supreme Court, I am of the considered view that the applicant has misused the process of law by filing successive applications before this Court suppressing the material facts and documents and misled the Court. Honesty, fairness, purity of mind should be of the highest order to approach the cour ..... X X X X Extracts X X X X X X X X Extracts X X X X
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